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N.D. Sup. Ct. Admin. R. 52

Not legal advice. Verify against official sources before relying on this text in any legal matter.

Rule 52 Reliable Electronic Means Proceedings [Transferred]

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Rule Text

Amendment history: (Adopted May 1, 2005; amended June 1, 2005, Mar. 1, 2015, Mar. 1, 2019, Mar. 1, 2021, Aug. 11, 2021, Mar. 1, 2022, Dec. 1, 2022, Mar. 1, 2024, Sept. 1, 2026.)

Plain-English Summary (for reference only — not a substitute for the rule text above)

This summary is not the rule. The rule text controls.

North Dakota courts can use video calls or similar technology to hold hearings, trials, and other proceedings. The goal is to make courts more convenient, not to take away anyone's normal rights. A judge can decide to use remote technology on their own, or a person involved in the case can ask for it. If someone wants to request a remote hearing, they need to check with the other side first, then file a short written request explaining why. This request must go in at least seven days before the hearing, and any objections need to come in at least four days before.

The rules are stricter for criminal cases because more is at stake. A defendant cannot be tried, plead guilty, or get sentenced remotely unless both sides agree and the judge approves. Witnesses at a criminal trial normally have to testify in person, unless the defendant agrees to let them appear remotely. If a defendant's hearing happens remotely, their lawyer usually needs to be in the same room with them, unless the judge approves otherwise and the defendant agrees. The defendant also has the right to a private conversation with their lawyer during the proceeding.

For probation violation hearings involving someone living out of state, and for mental health cases, there are extra protections. The person facing the hearing must clearly agree to appear remotely, and they keep the right to talk privately with their lawyer. In mental health cases, the person has the right to ask for an in-person hearing instead, and courts must tell them about this right ahead of time. If they ask to appear in person, the hearing usually has to happen within four days. These extra steps exist because these hearings can affect someone's freedom or medical treatment, so the person needs a real chance to be heard fairly.

Committee Notes

This rule was adopted effective May 1, 2005. Amended effective June 1, 2005; March 1, 2015; March 1, 2019; March 1, 2021; August 11, 2021; March 1, 2022; December 1, 2022; March 1, 2024.

The content of Rule 52 was transferred to N.D.R.Ct. 11.10, effective September 1, 2026.

This rule was amended, effective March 1, 2015, to extend the application of the rule to proceedings conducted by reliable electronic means.

Section 2 was amended, effective December 1, 2022, to clarify the procedure for making a motion to request a reliable electronic means proceeding, objecting to a reliable electronic means proceeding, and preparing for a reliable electronic means proceeding. The requirements of N.D.R.Ct. 3.2 do not apply to motions under this rule.

Sections 3 and 4 were amended, effective December 1, 2022, to allow a trial to be conducted by reliable electronic means with the consent of the parties and the approval of the court.

Subsection 4(b)(2) was amended, effective March 1, 2021, to allow witness testimony by reliable electronic means when authorized by rule or law.

Subsection 4(b)(2) was amended, effective March 1, 2022, to allow witness testimony by reliable electronic means in a criminal action at a proceeding other than the trial.

Subsection 4(b)(3) was amended, effective December 1, 2022, to eliminate the requirement that a court make a finding of necessity before allowing an attorney’s participation from a separate site in a guilty plea proceeding.

A new section 5 was added, effective March 1, 2019, to establish a procedure for the use of contemporaneous audio or audiovisual transmission using reliable electronic means in proceedings to revoke probation for probationers who are in another state.

Section 5 was amended, effective March 1, 2024, to clarify that reliable electronic means may be used for revocation of probation proceedings regardless of the location of the probationer.

Section 6 was amended, effective December 1, 2022, to allow the court to exercise its discretion on whether to hold a mental health proceeding by reliable electronic means. Under the amendments, the respondent or patient must be allowed to appear in person at any proceeding upon request.

SOURCES Joint Procedure Committee Minutes of April 24, 2026, pages 6-7; April 28, 2023, page 13; September 29, 2022, pages 21-22; April 29, 2022, pages 2-8; January 27, 2022, pages 4-16; September 30, 2021, pages 13-14; January 28, 2021, pages 20-22; January 30, 2020, page 24; September 26, 2019, pages 21-22;January 25, 2018, pages 15-16; April 24-25, 2014, pages 15-16; April 27-28, 2006, pages 22-24; April 28-29, 2005, pages 21-22; April 24-25, 2003, pages 20-23; September 26-27, 2002, pages 4-12.

STATUTES AFFECTED:

CONSIDERED: N.D.C.C. § 31-04-04.2.

← Previous Rule 51: Sentencing Offenders — Mortality Table Next → Rule 53: [repealed]